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Home My WebLink About2003-027ORDINANCE NO. 2003 - 027 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING THE TEXT OF THE COMPREHENSIVE PLAN'S RECREATION AND OPEN SPACE ELEMENT BY REVISING OBJECTIVE 6, AND ADDING POLICY 6.4, AND AMENDING THE CONSERVATION ELEMENT BY ADDING POLICY 8.6; AND PROVIDING SEVERABILITY AND EFFECTIVE DATE. WHEREAS, the Board of County Commissioners adopted the Indian River County Comprehensive Plan on February 13, 1990, and WHEREAS, the county accepted. comprehensive plan amendment applications during its January 2003 amendment submittal window, and WHEREAS, the Local Planning Agency held a public hearing on all comprehensive plan amendment requests on May 8, 2003, after due public notice, and WHEREAS, the Local Planning Agency made a recommendation regarding these comprehensive plan amendments to the Board of County Commissioners, and WHEREAS, the Board of County Commissioners of Indian River County held a Transmittal Public Hearing on June 10, 2003, after advertising pursuant to F.S. 163.3184(15)(b)(1) and (c), and WHEREAS, the Board of County Commissioners approved the transmittal of these comprehensive plan amendments to the Florida Department of Community Affairs with no request for review, and WHEREAS, the Board of County Commissioners announced at the transmittal public hearing its intention to hold and advertise a final public hearing at the adoption stage of these plan amendments, and WHEREAS, the Florida Department of Community Affairs received these Comprehensive Plan Amendments on June 24, 2003, pursuant to F.S. 163.3184(4), and WHEREAS, Indian River County received the concurrence letter dated July 30, 2003, from the Florida Department of Community Affairs stating that the amendment does not require state review, and .�].��Th��[��i1[��►.Tlilx�i ►Tim WHEREAS, the Board of County Commissioners of Indian River County held a Comprehensive Plan Amendment Adoption Public Hearing on September 2, 2003, after advertising pursuant to F.S.163.3184(15)(b); NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Indian River County, Florida, that: SECTION 1. Comprehensive Plan Amendment Adoption and Transmittal The amendments to the Indian River County Comprehensive Plan identified in Section 2 are hereby adopted, and three (3) copies are directed to be transmitted to the State of Florida Department of Community Affairs and one (1) copy is directed to be transmitted to the Treasure Coast Regional Planning Council. SECTION 2. Amendments to the Comprehensive Plan a. Amend the Recreation and Open Space Element by revising Objective 6, and adding policy 6.4; and b. Amend the Conservation Element by adding policy 8.6. (Exhibit A) All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance or these Indian River County Comprehensive Plan Amendments is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this ordinance and, therefore, this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption at a public meeting after public notice of a SECTION 3. Repeal of Conflicting Provisions All previous ordinances, resolutions, or motions of the Board of County Commissioners of Indian River County, Florida, which conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. SECTION 4. Severability It is declared to be the intent of the Board of County Commissioners that, if any provision of this ordinance or these Indian River County Comprehensive Plan Amendments is for any reason finally held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining provisions. SECTION 5. Effective Date The effective date of this ordinance and, therefore, this plan amendment shall be the date a final order is issued by the Department of Community Affairs or Administration Commission finding the amendments in compliance with Section 163.3184(1)(b), Florida Statutes, whichever occurs earlier. If a final order of noncompliance is issued by the Administration Commission, these amendments may nevertheless be made effective by adoption at a public meeting after public notice of a C�li7i� �A 1 rAI ►11c resolution affirming their effective status, a copy of which resolution shall be sent to the Florida Department of Community Affairs, Division of Resource Planning and Management, Plan Processing. Team. This ordinance was advertised in the Press -Journal on the 21 st day of August, 2003, for a public hearing to be held on the 2nd day of September, 2003, at which time it was moved for adoption by Commissioner Gi nn seconded by Commissioner Neuberger , and adopted by the following vote: Chairman Kenneth R. Macht Aye Vice -Chairman Caroline D. Ginn Aye Commissioner Fran B. Adams Aye Commissioner Arthur R. Neuberger Ayp Commissioner Thomas S. Lowther Aye BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY`. AA BY: ffIr CPP Kennklik Machhti Chairman 1 IL A ATTEST BY ffrey K. B -'ori, Cler + �R elf. 4`9�C fl �qf� 3� ' fit. i.l. ... .... .... IV ^'�Lnj Ac owledgment `;by„the Department of State of the State of Florida this Aday of 2003 IL U 17 Ac owledgment from the Department of State received on this % g day of 2003, at A.M./P.M. and filed in the office of the Clerk of the and f County Commissioners of Indian River County, Florida. William G. Collins II, County Attorney C�]:��71�n�[�]��[��►�IIIIC�iTsl Indian River Co. Approved Date Admin. kk 71c Legal LX 2? Budget Dept.[a Risk Mgr. �5 F:\Community Development\Users\LONG RAN GE\CompPIan\CPTA\Environmental and Conservation\Ordinance.doc SECTION 1. Amend the Recreation and Open Space Element by adding new Policy 6.4, as follows: OBJECTIVE 6: Access to Natural Resources By 2010, the number of access points to the county's major natural resources, including the Atlantic Ocean, Indian River Laioon, St. Sebastian River, and freshwater lakes, will have increased by 5, from the 46 access points existing in 1996 to 51 access points. Policy 6.1: By 19995 the county shall complete improvements to the ocean side of Round Island Park. Policy 6.2: The county shall, dependent on demand for more facilities, develop plans for phase two of the Treasure Shores Park. Policy 6.3: The county shall study the possibility of using beachfront and riverfront lands that have been acquired through the county's Environmental Lands Acquisition Program for public access to the county's major natural resources. Policy 6.4: The county hereby designates the Indian River Lagoon, the St. Sebastian River, and associated coastal resources as a greenway (a.k.a. "blueway") and waterway trail system. Consistent with Policy 8.1 of the Coastal Management Element, Indian River County will participate in the Indian River Lagoon "Blueway" Florida Forever (f.k.a. "Conservation and Recreation Lands") project to acquire and provide passive recreational access to coastal resources bordering the Indian River Lagoon by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. SECTION 2. Amend the Conservation Element by adding new Policy 8.6, as follows: OBJECTIVE 8 Recreational Uses of Natural Resources Using 1990 recreational and open space land acreage as a baseline, by 2005 the county shall increase, by a minimum of 500 acres, the amount of recreational and open space land accessible to the public for resource-based passive recreation, compatible with natural resource conservation. Policy 8.1: As set forth in Objective 6 of the Recreation and Open Space Element, the county shall take measures to provide sufficient resource-based parks, access, and outdoor recreational opportunities for the residents of Indian River County. Policy 8.2: The county shall preserve native vegetative communities on county -owned recreational and open space land in conjunction with development design, to the maximum extent feasible. Underline words are proposed additional text to the Indian River County Comprehensive Plan. Page 1 of 2 F1Community Development\Users\LONG RANGE\CompPlan\CPTA\Environmental and Conservation\Comp plan text amend draft 081503.doc EXHIBIT A PROPOSED TEXT AMENDMENT INDIAN RIVER COUNTY COMPREHENSIVE PLAN Policy 8.3: The county shall coordinate with the U.S. Fish and Wildlife Service, the Florida Game and Freshwater Fish Commission, and other appropriate agencies to ensure that rare, threatened, or endangered plant or animal species identified or expected to occur on county recreational and open space lands are protected from adverse development impacts. Protection measures shall include: conducting an environmental survey prior to site development, preserving native vegetative communities on county - owned land to the maximum extent feasible, and where feasible, relocating animals to undeveloped portions of the site. Policy 8.4: Consistent with Rule 9J-5:012 and Chapter 380, F. S.1 the county shall, in 1998, adopt a Manatee Protection and Boating Safety Comprehensive Management Plan, Policy 8.5: The county shall support the establishment of recreational access sites and improvements in the Upper St. Johns River Basin in Indian River County by providing construction funding assistance and, where feasible, construction materials. Policy 8.6: Consistent with Conservation Policy 6.4, the county, in evaluating lands to be acquired for conservation purposes, will give priority to those lands that create new or enhancedreg enways and recreational trail systems. Underline words are proposed additional text to the Indian River County Comprehensive Plan. Page 2 of 2 F:\Community Development\Users\LONG I2 ANGE\Comprian\Cr i A\Environmental and Conservation\Comp plan text amend draft 081503.doc SECTION 1. Amend the Recreation and Open Space Element by adding new Policy 6.4, as follows: OBJECTIVE 6: Access to Natural Resources By 2010, the number of access points to the county's major natural resources, including the Atlantic Ocean, Indian River Lagoon, St. Sebastian River, and freshwater lakes, will have increased by 5, from the 46 access points existing in 1996 to 51 access points. Policy 6.1: By 1999, the county shall complete improvements to the ocean side of Round Island Park. Policy 6.2: The county shall, dependent on demand for more facilities, develop plans for phase two of the Treasure Shores Park, Policy 6.3: The county shall study the possibility of using beachfront and riverfront lands that have been acquired through the county's Environmental Lands Acquisition Program for public access to the county's major natural resources. Policy 6.4: The counly hereby designates the Indian River Lagoon, the St. Sebastian River, and associated coastal resources as arely (a.k.a. "blueway") and waterway trail system. Consistent with Policy 8.1 of the Coastal Management Element, Indian River Coun will participate in the Indian River Lagoon "Blueway" Florida Forever (a.a. "Conservation and Recreation Lands") prooect to acquire and provide passive recreational access to coastal resources bordering the Indian River Lagoon by providing local funding assistance, and by providing "in-kind" services, such as identifying environmentally -sensitive parcels. SECTION 2. Amend the Conservation Element by adding new Policy 8.6, as follows: OBJECTIVE 8 Recreational Uses of Natural Resources Using 1990 recreational and open space land acreage as a baseline, by 2005 the county shall increase, by a minimum of 500 acres, the amount of recreational and open space land accessible to the public for resource-based passive recreation, compatible with natural resource 'conservation. Policy 8.1: As set forth in Objective 6 of the Recreation and Open Space Element, the county shall take measures to provide sufficient resource-based parks, access, and outdoor recreational opportunities for the residents of Indian River County. Policy 8.2: The county shall preserve native vegetative communities on county -owned recreational and open space land in conjunction with development design, to the maximum extent feasible. Underline words are proposed additional text to the Indian River County Comprehensive Plan. Page 1 of 2 F:\Community Development\Users\LONG RANGE \CompPlan\CPTA\Environmental and Conservation\Exhibit A Comp plan text amend draft 081503.doc Policy 8.3: The county shall coordinate with the U.S. Fish and Wildlife Service, the Florida Game and Freshwater Fish Commission, and other appropriate agencies to ensure that rare, threatened, or endangered plant or animal species identified or expected to occur on county recreational and open space lands are protected from adverse development impacts. Protection measures shall include: conducting an environmental survey prior to site development, preserving native vegetative communities on county - owned land to the maximum extent feasible, and where feasible, relocating animals to undeveloped portions of the site. Policy 8.4: Consistent with Rule 9J-5.012 and Chapter 380, F. S..' the county shall, in 1998, adopt a Manatee Protection and Boating Safety Comprehensive Management Plan. Policy 8.5: The county shall support the establishment of recreational access sites and improvements in the Upper St. Johns River Basin in Indian River County by providing construction funding assistance and, where feasible, construction materials. Policy 8.6: Consistent with Conservation Policy 6.4, the county, in evaluating lands to be acquired for conservation purposes, will give priority to those lands that create new or enhancedreg enways and recreational trail systems. Underline words are proposed additional text to the Indian River County Comprehensive Plan. Page 2 of 2 F:\Community Development\Users\LONG RANGE\CompPlan\CPTA\Environmental and Conservation\Exhibit A Comp plan text amend draft 081503.doc